sec.134Review criteria

sec.134 Review criteria

The review criteria are each of the following— the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the reviewing parties; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of a reviewing party; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to a reviewing party; whether the reviewable terms are appropriate for the scheme; the term of the engagement as service contractor and the period of the term remaining. The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the scheme. s 134 ins 2003 No. 6 s 49 (sec.134-ssec.1) The review criteria are each of the following— the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the reviewing parties; whether the reviewable terms impose conditions that— are unreasonably difficult to comply with; or are not necessary and reasonable for the protection of the legitimate interests of a reviewing party; the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to a reviewing party; whether the reviewable terms are appropriate for the scheme; the term of the engagement as service contractor and the period of the term remaining. (sec.134-ssec.2) The review criterion mentioned in subsection (1) (d) is to be applied having regard, in particular, to the nature, features and characteristics of the scheme.

• (a) the appropriateness of the reviewable terms for achieving a fair and reasonable balance between the interests of the reviewing parties;
• (b) whether the reviewable terms impose conditions that— (i) are unreasonably difficult to comply with; or (ii) are not necessary and reasonable for the protection of the legitimate interests of a reviewing party;
• (i) are unreasonably difficult to comply with; or
• (ii) are not necessary and reasonable for the protection of the legitimate interests of a reviewing party;
• (c) the consequences of complying with, or contravening, the reviewable terms and whether the consequences are unfairly harsh or beneficial to a reviewing party;
• (d) whether the reviewable terms are appropriate for the scheme;
• (e) the term of the engagement as service contractor and the period of the term remaining.
• (i) are unreasonably difficult to comply with; or
• (ii) are not necessary and reasonable for the protection of the legitimate interests of a reviewing party;